Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: May 27, 2016
The Firm
201-896-4100 info@sh-law.comThe long-awaited Department of Labor ruling bringing on new overtime wage and hour rules was just made public, according to The National Law Review. This will mean that certain positions within a company may now be subject to overtime pay, which could significantly increase wages, effective Dec. 1 of this year.
While the salary thresholds are slightly less than the originally proposed amount, the new figure is set to double the current minimum wages for overtime pay.
Now more than ever, companies need to examine their operations to assess wage increases and the potential impact of reclassification of certain positions to non-exempt status. Furthermore, companies need to consider how these rule changes will affect exempt employees within their organizational structure.
With a significantly higher wage threshold as part of the new rules, many companies may prefer to switch their wage structure from salaries to hourly workers. This will enable them to accurately track work hours more carefully. The rules will also prompt companies to keep a closer eye on work hours for non-exempt employees as they approach 40 hours per week.
Perhaps the biggest impact will be on productivity. Companies may bring in part-time workers to account for the productivity gap created by non-exempt employees. This is particularly true for smaller businesses that cannot afford overtime. The rules may also force some companies to reduce wages due to the increased overtime pay, which will be the equivalent of time and a half.
The salary threshold works as such: workers are entitled to overtime pay that is equal to the 40th percentile of weekly earnings generated by full-time employees in the lowest wage bracket in the country. That will increase the salary threshold for full-time employees who make $23,666 per year to $47,476. Per week, that works out to a bump from $455 to $913. Finally, the new rule will also raise the salary threshold on the “highly salaried employee” exemption to $134,004 per year. These salary thresholds will then be subject to revisions every three years, which may very well mean increases.
Upon implementation of the rule, there will be a grace period. Currently, that grace period will be 60 days from its publication in the Federal Register, which was set for May 23. It is assumed that the government may extend the grace period to as much as 120 days after publication, but that is yet to be determined.
Regardless, this is still a very short amount of time to adjust to such a major change. So companies should examine how their previously exempt positions will be affected. They may also elect to increase wage levels, convert exempt positions to non-exempt and vice versa or restructure their entire organization to reflect the changes. The new salary requirements may prompt many companies to avoid overtime pay altogether within their payroll systems. These companies will also need to file written notice as part of state law if they commit to any of the changes listed above.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Author: Dan Brecher
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
Author: Dan Brecher
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!